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Personal Injury Law Journal: March 2016

Paul Jones examines the complications caused when a recent claim was passed to new solicitors

With all of the arguments surrounding conditional fee agreements (CFA) over the last 20 years, one can often forget that they are, at heart, no more than contracts and, as such, the ordinary and exciting law of contract applies. One area where this is becoming increasingly relevant and fraught is in relation to assignment of CFAs and the recent case of Alina Budana v Leeds Teaching Hospitals NHS Trust (2016) is a classic illustration of some of the issues that can arise.

Section 41 Highways Act 1980; duty of repair; breach of duty; contributory negligence

The recent High Court appellate decision in the case of Craig Rollinson v Dudley Metropolitan Borough Council [2015] addresses the important question of ‘whether highway authorities are under a duty to keep all roads, pavements and footpaths throughout England and Wales free from moss and algae’?

218 Strand

Jonathan Dingle FRSA analyses Occupiers, Highways, and Defective Premises Claims: a Practical Guide Post-Jackson

Passing the time of day in St John’s Chambers, I spied the excellent Timothy Grice and was instantly reminded of a fall from grace that made its way to the Court of Appeal eleven years ago. Time flies when you are having Jackson reforms…

George Ampat

George Ampat explains that sacroiliac joint dysfunction and low back pain can be a frequently overlooked consequence of road traffic accidents

A century ago, sacroiliac joint dysfunction (SIJD) with its associated symptoms was the most frequently diagnosed cause of low back pain. It was diagnosed by physical examination and treated mainly with physical therapy. However, over the last 70 years in particular, there has been a focus on investigating degenerative vertebral discs as the most common cause of low back pain. This condition often results following injury during road traffic accidents.

Clerksroom

Andrew Mckie looks at the implications of the proposed changes to the small claims tracks and preparing for the 2017 SCT changes

In the Autumn of 2015, the Treasury said the words no claimant personal injury lawyer wanted to hear, the small claims track was likely to be increased to £5,000:

Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone

Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer balance in the assessment of reasonable accommodation needs in serious personal injury and clinical negligence claims?

In part one of this two-part article Martin Littler discusses the arguments and findings in Carol Ravenscroft v Ikea Limited

Lawyers, only being human, like to report successful cases and consign the cases which are lost to distant memory. In Carol Ravenscroft v Ikea Limited (2015), which was heard by Recorder Mahmood at Manchester County Court on the 17 and 18 December 2015, the claimant was successful in defeating a defence of fundamental dishonesty. However, this was very much a case where the claimant won the war but, on the way to that victory, lost a number of battles.